Lacambra vs. First Team et al
Things are getting more and more challenging and quite expensive for this case. Yesterday’s "Sanction Hearing" actually had 5 (five) motions to it. They were all to compel me to respond to opposition requests.
They were Motions to:
- Compel Responses to Inspection Demands and Production of Documents
- Compel Deposition
- Strike Amended Complaint
- Compel Reponses to form Interrogatories
- Compel to Responses to Special Interrogatories
The moving papers in question were not sent to my PO Box but rather to the address that they knew I was evicted from. As a result, I wasn't able to timely respond to the motions. I was full of anxiety for days and just to put my concerns to rest, I went to the court the day before to ask the Madam Clerk if she can ask the judge to set aside time for oral arguments the next day.
The hearing was held at Dept. C-21 at 1:30 PM and was presided by a temporary judge - Hon. Sherri L. Honer. Technically, because there were no opposition papers filed, Judge Honer assumed that I had not opposed the motions. Before I even entered the courtroom she had already prepared a tentative ruling in favor of my opposition which the court provided to me in writing. As soon as I was called, I explained that the papers were sent to the wrong address and in turn was given a little bit of latitude after I showed the envelopes labeled by the Postal Service to that effect. My argument centered around the fact that this case is an open and shut case. The opposition, in their quest for a victory, has made this into an expensive and protracted fight to take advantage of my inexperience and lack of financial resources. I argued that they have taken this tact in hopes that I would make a case winning mistake and pointed to the stack I had which comprised of five motions.
One component of the motion was to request for sanctions and re-coup the cost of filing and a court reporter that was hired for my deposition that I allegedly failed to appear on. The opposing counsel explained that the amount of $1165 was incurred and was the subject of the request for monetary sanctions. However, as the judge pointed out, he had erroneously asked for only $565. (This is an example of why attention to detail is critically important in law.) In the end, because of a confluence of evidence showing culpability on both sides, the judge asked me to pay only $120 in sanctions.
Part of the order also required me to submit to a deposition, now set for the 31st in their office in Los Angeles. During the hearing I asked the judge if the opposition can pay for my transportation and she replied that because I am the Plaintiff and not a witness, I am not entitled to any reimbursement. Moreover, I was ordered to provide documents and answer interrogatories within 20 days. I was also ordered to re-serve the First Amended Complaint within 10 days.
So, the day was not an outright victory but it wasn’t a defeat either. In that respect, this week’s score stands at 1.5 to 0.5 my favor. I have one more hearing this Friday and will blog about the events that transpired whenever possible, which is to say whenever it is that I can get to a hotspot.
